Fresenius Kabi Canada Ltd. (“Fresenius”) entered into a confidential licensing agreement with AbbVie Biotechnology Ltd. (“AbbVie”) authorizing Fresenius to perform certain acts under AbbVie’s listed patents in respect of HUMIRA™ (adalimumab). Fresenius sought to rely on AbbVie’s consent under subsection 7(2) of the Patented Medicines (Notice of Compliance) Regulations (the “Regulations”) in respect of its New Drug Submission for its biosimilar drug product IDACIO™.